Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 9

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          state that the estate tax “shall not be charged against nor                 
          deducted from any such gift, bequest, devise, * * * or other                
          property or interest in property, upon or by reason of which such           
          taxes are assessed and paid”.                                               
               In the first instance, we might agree that this language               
          represents an attempt on the part of decedent to apportion the              
          estate taxes arising at her death.  Arguably, this language might           
          be read to reflect an intent on the part of decedent that the               
          principles of equitable apportionment shall not apply.                      
          Nevertheless, the language in decedent’s will is not altogether             
          clear as to who ultimately should bear the estate tax burden.               
               Respondent argues that the “plain, unambiguous” meaning of             
          the language in decedent’s will is that estate taxes are to be              
          allocated entirely against the charitable bequest to the Lubin-             
          Green Foundation.  If this language has a “plain and unambiguous”           
          meaning, it eludes us, as it evidently eluded respondent inasmuch           
          as he previously interpreted the will language to provide for a             
          50-50 allocation against the residuary bequests.  The language in           
          decedent's will does not purport to express who ultimately should           
          bear the estate tax burden; rather, it provides that certain                
          transfers or property shall not be charged with the estate taxes.           
          This language does not expressly or implicitly charge the estate            
          taxes to the property passing to the Lubin-Green Foundation.                








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